A.Pradeep v. Simi Thomas And 10 Others

A.No.2285 of 2022 in C.S.No.304 of 2021 KRISHNAN RAMASAMY, J., This Application has been filed seeking to set aside the ex-parte order dated 11.03.2022 passed against the 3rd defendant in CS.No.304 of 2021.

2.The learned counsel appearing for the applicant/3rd defendant would submit that during the pendency of the suit, the defendants 3 to 10 proposed for an amicable compromise to the plaintiff to mutually settle the issue among themselves, but the same was not fruitful. In the meantime, the suit was posted on 11.03.2022 before this Court under the caption for "Reporting Settlement". Since no settlement was arrived between the parties, the same could not able to be informed before this Court and the defendants were set ex-parte. Therefore, the learned counsel seeks to set aside the ex-parte order. 1/3

3.The learned counsel appearing for the respondents 1 and 2/plaintiffs submitted that the respondents 1 and 2 have no objection in allowing the present application.

4.Considering the submission made by the learned counsel appearing for the applicant/3rd defendant and in view of the fact that there was proposal for a amicable settlement between the plaintiff and the defendants 3 to 10, and therefore, he could not file the Written Statement and in the interest of the justice, this Court feels it appropriate to set aside the ex-parte order.

5.Accordingly, the application is allowed and the ex-parte order dated 11.03.2022 is set aside.

Post the Suit on 06.07.2022.

28.06.2022 rst 2/3

KRISHNAN RAMASAMY, J., rst A.No.2285 of 2022 in C.S.No.304 of 2021 28.06.2022 3/3